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Other Issues Affecting Divorce

Other Issues Affecting Divorce

DISCLOSURE:

The law requires both spouses to provide the other with all information related to their property, income, assets and debts. This is called Full Disclosure. Failing to fully disclose all relevant information or concealing information can have serious consequences. It's important to be precise in listing assets and debts.

HEALTH INSURANCE: Unless it is agreed upon and included in a marital settlement agreement, one spouse covered by health insurance is not required to pay health insurance premiums for the other spouse after divorce. However, the spouse without coverage has the right to continue the insurance coverage at his or her own expense for up to 3 years at the same or similar rates. To take advantage of this right, the non-covered spouse must notify the other spouse's insurance plan administrator within 90 days of the final judgment.

FILING COST: Mandatory court filing fees for divorces average $100. If a response is filed, an average of $100 will also be required.

ALIENS and NON-U.S. CITIZENS: Resident aliens who divorce less than two years after marriage may lose resident status. In addition, any children may be deported. Consult an attorney for more details.

CONFIDENTIAL COUNSELING: Some counties have a Conciliation Court. These courts are designed to provide free or inexpensive counseling for couples who want it. Your first visit is usually free, but counseling is never mandatory.

COMPLEX ISSUES: If your divorce involves complex issues, you should seek an attorney or other professional to assist you. Examples of complex issues include:

Assets and Debts

One spouse transferring assets to themselves without permission

An unequal division of assets

Assets being sold without permission

The possibility of hidden assets

Valuing stock options and pension plans which require a certain length of employment

Excessive debt

Considering bankruptcy

Spouses

Immediate threat of harm to you or your children

One spouse does not agree that a child is theirs

You and your spouse cannot agree to divide property or decide on the best interest for your children, even after numerous attempts

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You know having a last will is important—it protects your family and provides for your final wishes. Now that you're finally sitting down to write that will, be on the lookout for these common but easy-to-avoid mistakes.

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